What Happens If Someone Is Injured on Your Property?
Understand your responsibilities, potential liability, and how insurance supports you when accidents happen
If someone slips on your walkway, falls down your stairs, or trips over a rug in your home, the consequences can go far beyond a moment of concern. Injuries that occur on your property may lead to costly medical bills or even lawsuits — and as the property owner or tenant, you could be held legally responsible.
This becomes especially important when you host guests, rent out part of your home, or maintain areas that could pose safety risks. Knowing what happens next, and how your insurance fits into the picture, helps you act quickly and protect yourself from financial harm.
Your Legal Responsibility as a Property Owner or Tenant
Canadian law generally requires that you take reasonable care to ensure that your property is safe for others. This duty extends to invited guests, delivery workers, and in many cases, even trespassers. If you fail to address a known hazard or act negligently, and someone is injured as a result, you may be found liable.
Examples include:
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Failing to clear snow or ice from your driveway or sidewalk
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Having a loose handrail or broken step that causes a fall
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Leaving tools or cords where someone could trip
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Hosting a gathering where a guest is injured due to crowding or spills
You are not automatically liable for every injury. But if it can be shown that you were careless or did not maintain safe conditions, a claim may be filed against you for medical expenses, lost wages, or legal damages.
What Role Does Insurance Play?
If you have homeowners, condo, or tenant insurance, your policy likely includes personal liability coverage. This can help protect you financially if someone is injured on your property and you are found responsible.
Your insurance may cover:
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Emergency medical expenses (sometimes even if you are not legally liable)
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Legal defense costs
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Court settlements or judgments up to your policy limit
If the injury is minor, the issue may be resolved informally. But in more serious cases, the injured party may pursue legal action — and this is when having adequate liability coverage becomes critical.
Tip: Make sure your personal liability limit reflects your financial exposure. If your assets exceed your policy’s coverage, consider increasing your limit or adding umbrella insurance.
Immediate Steps to Take If Someone Is Hurt
If an accident occurs, staying calm and taking appropriate steps can make a major difference in how the situation unfolds:
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Offer help. Ensure the person is safe and provide basic first aid if needed.
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Call for medical assistance. When appropriate, contact emergency services.
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Document the scene. Take photos of where the incident occurred, especially if a hazard was involved.
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Notify your insurer. Report the incident promptly to your insurance company.
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Avoid assigning blame. Do not admit fault or discuss liability until the situation is reviewed.
In many cases, insurance companies will investigate the claim and handle negotiations or legal proceedings on your behalf.
Situations Where You Might Still Be Liable
While your policy is designed to protect you, there are limits to what it covers. You may still be personally liable if:
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You failed to disclose known hazards to your insurer
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You allowed conditions to deteriorate and ignored safety recommendations
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The injury involved criminal or intentional actions
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You violated local laws or bylaws related to property maintenance
Being proactive — by maintaining walkways, securing loose items, and keeping your space well-lit — is the best way to reduce risk.
A Common Risk With Significant Implications
Injuries on your property are more common than you might think. A winter slip, a fall down wet stairs, or even a guest tripping over a pet can all lead to serious outcomes. While you can’t prevent every incident, you can make sure you’re prepared for the financial implications.
Liability coverage is one of the most effective tools for managing this risk. By understanding your responsibilities and acting quickly when something happens, you can protect both your visitors and your financial well-being.